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Committee unanimously approves anti-SLAPP bill to fast-track dismissal of meritless suits and award legal fees
Summary
Senate Bill 1001, a Uniform Law Commission model to allow early dismissal of strategic lawsuits against public participation (SLAPPs) and to award attorney fees to prevailing defendants, passed committee unanimously; testimony cited broad bipartisan support and concern that wealthy interests can chill public participation.
Senate Bill 1001, a Uniform Law Commission model bill to create an expedited process for dismissing strategic lawsuits filed to chill public participation (commonly described as SLAPP suits), was unanimously recommended to the House floor by the House Judiciary, Rules and Administration Committee.
Senate sponsors and Representative Scott described the bill's purpose as protecting free speech and providing a judicial "early off-ramp" for meritless suits that seek to punish or deter individuals and organizations from exercising speech on public issues. The bill creates a special motion procedure that stays proceedings, requires an expedited hearing, and allows a court to dismiss a case found to be a SLAPP. If dismissal is granted, the defendant may recover attorney fees and costs.
Caitlin Wolf, an attorney with the Uniform Law Commission (testifying virtually), explained the bill's mechanics and noted that Idaho has adopted many uniform acts in the past and that the Uniform Law Commission drafted this model act in 2020. She said ten states have adopted this or similar legislation so far and that the statute is intended both to deter meritless suits and to conserve judicial resources.
Supporters from business groups, including the Idaho Association of Commerce and Industry, and local witnesses described the bill as bipartisan and necessary to protect citizens who speak at public meetings from being bankrupted by litigation. Several witnesses urged the committee to advance the bill.
The committee voted unanimously to send the bill to the floor with a due-pass recommendation. Committee members emphasized the bill does not remove legitimate causes of action for defamation or other claims; rather, it provides an early, targeted process to address suits that seek primarily to chill speech.
